HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.20741 OF 2021 ALONG WITH CONTEMPT CASE No.1121 OF 2021

COMMON ORDER:

Heard Mr. T. Surya Satish, learned counsel for the petitioners and Mr. Ch. Ravi Kumar, learned Assistant Government Pleader appearing on behalf of the respondents.

2. The aforesaid writ petition is filed to declare the inaction of the respondents in trying to dispossess the petitioners from their respective agricultural lands in Survey Nos.306 and 307, admeasuring Acs.9.21 guntas and Acs.3.29 guntas, respectively, situated at Rayadandi Revenue Village, Anthergaon Mandal, Peddapalli District, as illegal, arbitrary and against the judgment dated 22.07.1986 passed by a Division Bench of this Court in W.A. No.774 of 1986 and the order dated 02.07.2013 in Complaint No.3323/2013/B1 passed by the Lokayukta.

3. Whereas, C.C. No.1121 of 2021 is filed alleging willful and deliberate violation of interim order dated 01.09.2021 passed by this Court in I.A. No.1 of 2021 in W.P. No.20741 of 2021.

4. CASE OF THE PETITIONERS i) The petitioners herein are nine (09) in number. They are the owners and possessors of agricultural lands in Survey Nos.306 and 307, admeasuring Acs.9.21 guntas and Acs.3.29 guntas, respectively, situated at Rayadandi Revenue Village, Anthergaon Mandal, Peddapalli District, since decades by way of cultivation and are eking out their livelihood. Their claim is as follows:

Survey Extent S.No. Rank of petitioner No. Acs. Gts.

01. Petitioner No.1

306 1.20 307 1.34½

02. Petitioner No.2 307 1.34½ 03. Petitioner No.3 306 1.27 04. Petitioner No.4 306 3.00 (As Bandi Guravaiah died leaving him (total)

Acs.1.20 gts.)

05. Petitioner No.5 306 1.02 06. Petitioner No.6 306 0.22 07. Petitioner No.7 306 1.00 08. Petitioner No.8 306 1.02 09. Petitioner No.9 (As per 2^nd list, FMB) 306 2.07 ii) Originally, the then Nizam Government had issued a Notification dated 13.04.1356 Fasli (1946) under Hyderabad Land Acquisition Act, for acquisition of about 2000 acres of land, for construction of Godavari Thermal Power Station and Azamabad Industrial Village.

iii) Later, the aforesaid acquisition was dropped. However, it was assured to the landlords that in case the Scheme is materialized, the persons whose lands are under acquisition would be absorbed in Power Scheme, and in case the Power Scheme does not materialize, their lands would be returned on the condition that the compensation paid to them would be refunded to the Government.

iv) Due to the Police Action, the Union Government had taken over the administration from the erstwhile Nizam. The names of Pattadars in revenue records for the entire extent of land proposed for acquisition by the Nizam Government and recorded the names of Pattadars in possession column by naming the entire land as “Kurj Kammi” (Government Land).

v) As the State Government failed to pay the rents to the Excise Trees, one of the land owners filed a writ petition vide W.P. No.12241 of 1984. Vide order dated 06.03.1986, the erstwhile High Court of Andhra Pradesh at Hyderabad, directed the respondents therein to pay rental to the petitioner therein regularly and also restrained them from interfering with the possession of the petitioner therein. Liberty was granted either to release the lands in favour of the petitioner with a direction to the petitioner to pay back the amount of compensation received, or acquire the land by duly initiating Land Acquisition Proceedings in accordance with law.

vi) Since the State Government did not act in terms of the directions of this Court, a group of land owners filed a writ petition vide W.P. No.2148 of 1986 seeking to implement and restore their legal rights, and the same was dismissed on 03.03.1986. Aggrieved by the same, the petitioners filed a writ appeal vide W.A. No.774 of 1986. Vide judgment, dated 22.07.1986, a Division Bench of this Court modified the judgment dated 03.03.1986 of learned Single Judge, directing the Government to consider the entire issue giving opportun